Observer Participation in International Climate Change Decision Making: A Complementary Role for Human Rights?

November 2, 2022 by Nadia Sánchez Castillo-Winckels[1]*
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  Abstract Parties to the United Nations Framework Convention on Climate Change (“UNFCCC”) have acknowledged the need to further enhance the effective engagement of observer organizations as the UNFCCC process moves towards implementation of the Paris Agreement. This Article explores whether and how international human rights law could complement climate law to enhance observer participation in the international UNFCCC decision-making processes. This Article’s main proposition is that the human right to participate in public affairs could contribute to enhancing observer participation in processes reviewing the Continue reading →

Citizen Suits for Mobile Sources: Enforcement Against Incidents of Emissions Cheating

November 2, 2022 by Paige Lambert[1]*
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      Introduction Section 203(a)(3)(A) and (B) of the Clean Air Act (“CAA” or “the Act”) contain provisions that prohibit tampering with any vehicle’s emission control device or installing a “defeat device” which would render the vehicle’s emission controls inoperative.[2] The Environmental Protection Agency (“EPA”) has been the primary authority for detecting such emissions cheating and for bringing enforcement actions against any known perpetrators.[3] However, a citizen group recently brought an action to enforce Section 203(a)(3) using the Act’s citizen suit provision—the first reported Continue reading →

When the Navajo Generating Station Closes, Where Does the Water Go?

November 2, 2022 by Gregor Allen MacGregor[1]*
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Introduction In December 2019, the Navajo Generating Station (“NGS”) outside of Page, Arizona closed after nearly fifty years of operation. Commentary has focused on whether a new utility interest, or the Navajo Tribe itself, would take over operation of the plant. This Article, however, will examine what will happen to the 34,100 acre-feet of water used by the plant once the steam turbines stop spinning. The complex history of the generating station, the law of the Colorado River concerning its water use, and the stressed Continue reading →

Restoration of Protected Lakes Under Climate Change: What Legal Measures are Needed to Help Biodiversity Adapt to the Changing Climate? The Case of Lake IJssel, Netherlands

November 2, 2022 by Jonathan Verschuuren[1]*
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  Introduction Lakes around the world are heavily impacted by climate change. Droughts, floods, higher water temperatures, changes in biodiversity, and even sea level rise all have an impact on freshwater lakes. In this Article, I look into the question of what legal measures are needed to protect lakes against these impacts with a focus on biodiversity conservation. How can law help to implement the necessary climate change adaptation measures related to biodiversity conservation for lakes? First, I will briefly summarize current and projected climate Continue reading →

Priority Disputes Between Holders of Old Order Mineral Rights and Holders of Prospecting Rights or Mining Rights Under the MPRDA in South Africa: Aquila has Landed (Continued)

November 2, 2022 by Pieter J. Badenhorst[1]*
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    “Oh no, I see a darkness”[2]¥ As part of the radical transformation of the mineral regime of South Africa, the African National Congress government introduced the Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”) on May 1, 2004. In a previous contribution, the transitional provisions of the MPRDA were discussed within the context of the rights of holders of old order rights (“OORs”) to convert their transitional rights to, or to apply for, new prospecting rights or mining rights under the Continue reading →

Political Accountability and Judicial Review in the Context of Climate Change Regulation

November 2, 2022 by Leah Vasarhelyi[1]*
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    Introduction In the absence of comprehensive climate change legislation, federal agencies are left to use the regulatory tools granted to them by existing environmental laws to address the challenges posed by greenhouse gas (“GHG”) emissions and climate change. These laws, including the Clean Air Act (“CAA”), the National Environmental Policy Act (“NEPA”), and the Endangered Species Act (“ESA”), were all drafted nearly half a century ago when environmental protection had bipartisan support.[2] These laws were each drafted to address a singular social problem. Continue reading →

Federal vs. State Jurisdiction Over Net Metering Rates

November 2, 2022 by Patrick Witterschein[1]*
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Introduction Net energy metering (“NEM”) is an important tool used by states to promote residential solar energy and accelerate the transition to a low-carbon economy. In simple terms, NEM is an electricity billing method that credits commercial or residential photovoltaic (“PV”) system owners for the electricity they provide to the grid.[2] The net metering rate is the price that residential solar customers can expect to receive for the electricity they send to the grid. NEM acts as a strong incentive to invest in residential solar Continue reading →

Community Choice Aggregators, Biomass Energy, and California’s Just Transition: A Case Study of AB 843 and Responsible Biomass Procurement Principles

November 2, 2022 by Shalini Swaroop, Esq.[1]* and Alexandra McGee*[2]*
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Introduction On September 23, 2021, California Governor Gavin Newsom signed twenty-four historic bills focused on climate and clean energy efforts, drought, and wildfire preparedness.[3] Included within that slate of bills was Assembly Bill (“AB”) 843, which allows Community Choice Aggregators (“CCAs”) to submit eligible bioenergy projects to the California Public Utilities Commission (“CPUC”) for cost recovery.[4] This article explores the potential benefits and issues that could impact California’s energy market as CCAs begin to develop biomass energy projects under AB 843. It also details background Continue reading →

The (Un)just Use of Transition Minerals: How Efforts to Achieve a Low-Carbon Economy Continue to Violate Indigenous Rights

November 2, 2022 by Kate R. Finn[1]* and Christina A.W. Stanton*[2]*
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Introduction For the last two decades, policy makers from around the globe have foreseen the need to derive and implement solutions to mitigate the effects of climate change. And the impetus for these solutions is confronting the world in real time. Recently the United Nations Secretary General referred to the Intergovernmental Panel on Climate Change 2022 report as an “atlas of human suffering,” as he pointed to the fact that half of the world’s population in cities is vulnerable to climate change effects, and noted Continue reading →

No Credit Unless You Show Your Work: How Judges Can Stop the Gaming of Climate Change Discount Rates in Federal Rulemaking

November 2, 2022 by Jack Thorlin[1]*
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Introduction How should the federal government balance costs today against benefits a century from now? The question sounds highly abstract and philosophical, but federal agencies must distill the answer into one number: a discount rate. The number selected by federal agencies and subject to review by federal judges may determine the future habitability of Earth. Federal agencies making the rules relating to climate change face that daunting reality. The most important variable in modeling damages from climate change is the discount rate, the rate by Continue reading →